[2020] KEHC 3317 (KLR)
The court found that the applicant had demonstrated sufficient urgency in the application, justifying certification as urgent and the grant of interim orders. The risk of prejudice to the applicant if the land parcels were dealt with before the application could be heard interpartes warranted the issuance of an...
Source-derived case information.
- Citation
- [2020] KEHC 3317 (KLR)
- Parties
- Appellant: Defina Khayosa Matakwa; Respondent: Simon Ng’ang’a Mburu; Respondent: The Official Receiver; Respondent: The Kenya Commercial Bank Ltd
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 2 of 2019
- Procedural Posture
- Civil Appeal / Interlocutory Application (chamber Summons) at High Court, Ruling on Urgent Interim Relief
- Outcome
- Interim inhibition order granted; application certified urgent; directions for interpartes hearing issued.
- Judges
- RE Aburili
- Legal Topics
- Interlocutory Injunctions, Land Inhibition Orders, Urgent Applications, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Defina Khayosa Matakwa
Appellant
Simon Ng’ang’a Mburu
Respondent
The Official Receiver
Respondent
The Kenya Commercial Bank Ltd
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application (chamber Summons) at High Court, Ruling on Urgent Interim Relief
Legal Issues
- 1 Whether the application should be heard during the court recess.
- 2 Whether the application discloses sufficient urgency to warrant certification and interim orders.
- 3 Whether an inhibition order should be placed on the specified land titles pending interpartes hearing.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient urgency in the application, justifying certification as urgent and the grant of interim orders. The risk of prejudice to the applicant if the land parcels were dealt with before the application could be heard interpartes warranted the issuance of an inhibition order. The court exercised its discretion to grant Prayer No. 2 of the Chamber Summons, directing the Land Registrar to place an inhibition on the specified titles pending the interpartes hearing. The orders were to be served forthwith to ensure enforcement and preservation of the subject matter.
Court Disposition
Interim inhibition order granted; application certified urgent; directions for interpartes hearing issued.
Orders
- The application to be heard during the recess is granted.
- The application is certified as urgent.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
KISUMU CIVIL APPEAL 2 OF 2019
DEFINA KHAYOSA MATAKWA............................................APPELLANT/APPLICANT
VERSUS
SIMON NG’ANG’A MBURU....................1ST RESPONDENT/PETITIONER/DEBTOR
THE OFFICIAL RECEIVER................................................................2ND RESPONDENT
THE KENYA COMMERCIAL BANK LTD........................................3RD RESPONDENT
RULING
1. I have considered the application to be heard during the recess. I grant it.
2. On the main application, I find it discloses urgency. I certify it urgent and direct the applicant to serve the Respondents forthwith for interpartes consideration before the Duty Judge in Kisumu on 10/9/2020.
3. In the meantime, I grant Prayer No. 2 of the Chamber Summons dated 31st August 2020. I direct the Land Registrar, Bungoma, to place an inhibition on Title NOs Ndivisi/Khalumuli/4614 and Ndivisi/Khalumuli/4615, inhibiting any dealings on the said parcels of land registered in the name of Simon Ng’ang’a Mburu pending hearing of the application interpartes.
4. These directions /orders to be transmitted to the DR, Bungoma High Court and the Applicant’s counsel for service/enforcement.
5. Orders accordingly.
Dated, signed and Delivered at Siaya this 3rd Day of September 2020
R.E. ABURILI
JUDGE